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HIGHWAY LAWS 


OF THE 


STATE OF IOWA; 

CONTAINING 

ALL THE LAWS OF IOWA 


RELATING TO THE 


Powers and Duties of Highway Supervisors, 


INCLUDING ALL 


AMENDMENTS UP TO 1878, WITH PRACTICAL 
FORMS AND PROCEEDINGS. 



BURLINGTON, IOWA: 

ACRES, BLACKMAR & CO., PUBLISHERS. 
1878 . 






Entered according to act of Congress, in the year A. D. 1878, 

By ACRES, BLACKMAR & CO., 


In the Office of the Librarian of Congress, at Washington. 



i 


/ w owt 












PUBLISHEKS’ NOTICE. 


Heretofore the Legislature has made provisions for supplying all the 
laws to 6he County and Township officers, including Highway Super¬ 
visors, but the Seventeenth General Assembly limited the distribution 
in the townships to Justices of the Peace and Township Clerks—thus 
depriving Highway Supervisors of their use, without buying them at 
the rate of fifty cents each. 

The publishers hereof have, therefore, at the request of a number 
of County Auditors, prepared this pamphlet, in which will be found 
all the laws relating to the powers and duties of Highway Supervisors, 
together with practical forms for their use, and extracts from Supreme 
Court rulings, explaining and construing various points otherwise 
likely to be misconstrued. 

It will be noticed that we have given sections 920 to 968, with but 
few forms or references, as said sections do not apply specifically to 
the duties of Highway Supervisors; but in all that portion of the 
remainder, where it is deemed essential, we have endeavored to make 
their duties as plain as possible, by numerous forms and extracts from 
the Supreme Court Reports. 

Those desiring all the laws relating to the powers and duties of 
Township Officers, should purchase “Holmes’ Township Laws of 
Iowa,” which contains all the Township Laws now in force, with 
some 170 forms for practical use. Published by the undersigned. 
Price, $2.00. 


ACRES, BLACKMAR & CO. 



TABLE OF CONTENTS. 


HIGHWAYS. 

Page 

I. Establishment-of Highways. 5 

II. Duties of Commissioner to establish Highways.• ••. 6 

III. Assessment of Damages on Highways. 7 

IV. Final Action in the estabhshment, vacation, or alteration of Highways. 10 

Y. Highways across or along County Lines. 11 

VI. Highways estabhshed by Consent. 12 

VII. Appeals from Board of Supervisors in allowing or rejecting damages.. 12 

VIII. Lost Field Notes..‘ 13 

IX. Estabhshment of Highways by Dedication and Prescription. 14 

X. Cattle-Ways across Highways. 15 

XI. Duties of Township Trustees in reference to Highways. 15 

XII. Duties of Township Clerk in reference to Highways. 16 

XIII. Highway Supervisors, election, qualification and duties. 18 

XIV. Construction of Highways leading into Cities and Towns. 32 

XV. Meeting on Highways. 33 

BRIDGES AND FERRIES. 

XVI. Bridges. 34 

XVII. Toll Bridges. 36 

XVIII. Ferries. 37 

XIX. Obstructing Highways. 38 





















HIGHWAYS. 


I. ESTABLISHMENT OF HIGHWAYS. 

Sub-division 5, of section 45, of the Code, is as follows: 

5. The words “ highway” and “ road” include public bridges, and may be held 
equivalent to the words “ county way,” “county road,” “commonroad” and “state 
road.” 

Section 920. The board of supervisors has the general supervision over the 
highways in the county, with power to establish and change them as herein provided, 
and to see that the laws in relation to them are carried into effect. 

Sec. 921 Highways hereafter established must be sixty-six feet in width, unless 
otherwise directed ; but the board of Supervisors may, for good reasons, fix a differ¬ 
ent width, not less than forty feet, and they may be increased or diminished within 
the limits aforesaid, altered in direction, or discontinued, by pursuing substantially 
the steps herein prescribed for opening a new highway. 

Sec. 922. Any person desiring the establishment, vacation, or alteration of a 
highway, shall file in the auditor’s office of the proper county, a petition in substance 
as follows : 

No. 1.—PETITION TO ESTABLISH, ALTER, OR VACATE A 
HIGHWAY. 

To the Honorable Board of Supervisors of - County : 

The undersigned ask that a highway, commencing at [here accu¬ 
rately describe the place of beginning,] and running thence [here 
describe the course,] and terminating at [here accurately describe the 
terminus,] be established, vacated, or altered (as the case may be). 

Dated....18.. 

Petitioners’ Names. | Petitioners’ Names. 

Section 923. Before filing such petition the auditor shall require the petitioner 
to file in his office a bond, with sureties to be approved by such auditor, conditioned 
that all expenses growing out of the application will be paid by the obligors in case 
the contemplated highway is not finally established, altered, or vacated, as asked in 
the petition. 



6 


Section 924. If satisfied that the foregoing prerequisites have been complied 
with, the auditor shall appoint some suitable and disinterested elector of the county 
a commissioner to examine into the expediency of the proposed highway, alteration, 
or vacation thereof, and report accordingly. 

The establishment of a highway more than sixty-six feet wide is 
irregular, hut not void; and it can be corrected only oil appeal or 
certiorari. The defect cannot be cured nor inquired into in collateral 
proceedings.* 


II. DUTIES OF COMMISSIONER TO ESTABLISH 
HIGHWAYS. 

Section 925. The commissioner is not confined to the precise matter of the peti¬ 
tion, but may inquire and determine whether that or any highway in the vicinity, 
answering the- same purpose and in substance the same, be required; but such high¬ 
way must not be established through any burying ground which is exempt from 
execution; nor through any garden, orchard, or ornamental ground contiguous to 
any dwelling house, so as to cause the removal of any building without the consent 
of the owner. 

Sec. 926. In forming his judgment, he must take into consideration both the 
public and private convenience, and also the expense of the proposed highway. 

Sec. 927. After a general examination, if’he shall not be in favor of establishing 
the proposed highway, he will so report, and no further proceedings shall be had 
thereon. 

Sec. 928. If he deems such establishment expedient, he may proceed at once to 
lay out the highway as hereinafter directed, and may report accordingly, if the cir¬ 
cumstances of the case are such as to enable him to do so, without pursuing the 
course pointed out in the next section. 

Sec. 929. If the precise location of the highway cannot be otherwise given, he 
must cause the line of the highway to be accurately surveyed and plainly marked 
out. 

I 

Sec. 930. Any commissioner, other than the county surveyor, must be sworn to 
faithfully and impartially discharge his duty as such commissioner, and, after being 
thus qualified, he shall have power to swear the assistants employed to a faithful 
and impartial performance of their respective duties in laying out the highway 
described in his commission. 

Sec. 931. Mile posts must be set up at the end of every mile and the distance 
marked thereon, and stakes must be set at each change of direction, on which shall 
be marked the bearing of the new course. Stakes must also be set at the crossing of 
fences and streams, and at intervals, in the prairie, not exceeding a quarter of a mile 
each; in the timber, the course must be indicated by trees suitably blazed. 


*20 Iowa, 248. 



7 


Sec. 932. Bearing trees must, when convenient, be established at each angle and 
mile post, and th position of the highway relative to the comers of sections, the 
junction ot streams, or any other natural or artificial monument, or conspicuous 
object, must, as far as convenient, be stated in the field notes and shown on the plat. 

Sec. 933. A correct plat of the highway, together with a copy of the field notes 
of the surveyor, if one has been employed, must be filed as part of the commis¬ 
sioner’s report. 

Sec. 934. Within thirty days from the day of his appointment, the commissioner 
must file his report in the auditor’s office, and if it be m favor of the establishment 
of the highway, the auditor must appoint a day, not less than sixty nor more than 
ninety days distant, when the matter will be acted upon; on or before which day, all 
objections to the establishment of the highway and claims for damages by reason of 
the establishment thereof, must be filed with the auditor. 

Sec. 935. The time for the commissioner to commence the examination shall be 
fixed by the auditor, and if he fails to so commence, or to report as prescribed m the 
preceding section, the auditor may fix another day or extend the time for making 
such report, or may appoint another commissioner. 

Changes in the location of a highway from that described in the 
petition, made during and in the course of proceeding to lay it out, 
will be presumed correct in a collateral proceeding ; but where the 
commissioner extended the highway beyond the terminus named in 
the petition, it was void.* The fixing visible monuments, and the 
making of field notes and a plat of the road, as provided in sections 
nine hundred and thirty-one and nine hundred and thirty-two of this 
chapter, are merely directory, and a failure on the part of the commis¬ 
sioner to comply therewith will not render the proceedings void.] 

III. ASSESSMENT OF DAMAGES ON HIGHWAYS. 

Section. 936. Within twenty days after the day is fixed by the auditor as above 
provided, a notice shall be served on each owner or occupier of land lying m the 
proposed highway, or abutting thereon, as shown by the transfer books in the 
auditor’s office, who resides in the county, in the manner provided for the service of 
original notice in actions at law; and such notice shall be published for four weeks 
in some newspaper printed in the county, if any such there be, which notice may be 
in the following form: 

No. 2.—NOTICE TO PROPERTY OWNERS. 

To all whom it may concern ; The commissioner appointed to locate, 
vacate, or alter (as the case may be) a highway commencing at ...., 

in.county, running thence [describe in general terms all the 

points as in the commissioner’s report] and terminating at...., has 


* 15 Iowa, 213. 


t 24 Iowa, 367 




8 


reported in favor of the establishment, vacation, or alteration thereof, 
and all objections thereto, or claims for damages, must be filed in the 
auditor’s office on or before noon of the . - - day of. • • -18.., or such 
highway will be established, vacated, or altered (as the case may be) 
without reference thereto. 

.... - County Auditor. 

The notice may be served by the sheriff, constable or any other per¬ 
son not an interested party, and the service must be made by reading 
the notice to each person named therein, or offering to read it, if he 
neglects or refuses to hear it read, and in either case by delivering him 
personally a copy of the notice, or if he refuses to receive it, by offer- 
' ing to deliver it.* 

If service cannot be made on the parties personally on account of 
their not being found in the county, then by leaving a copy of the 
notice at his usual place of residence with some member of the family 
over fourteen years of age. 

Service may also be made by taking an acknowledgment of the ser¬ 
vice endorsed on the notice, dated and signed by the persons on whom 
service is to be made.f 

The notice must be returned to the auditor on or before the day set 
for hearing, with the proper return made thereon, which return must 
be sworn to unless served by an officer, which return may be made in 
the following form: 

No. 3.—RETURN TO NOTICE WHEN SERVED PERSONALLY. 

I hereby certify that I served the within notice on the within named 
[name each person served] by reading the same to each personally, (or 
offering to read it), and delivering (or offering to deliver) to each of 

them a true copy thereof, on the... • day of-18 .. in-county, 

Iowa. 

Service, $-; copies, $-; mileage, $.... 

. ••Sheriff or Constable. 

When served by copy, the return may be as follows: 

No. 4.—RETURN TO NOTICE SERVED BY COPY. 

I hereby certify that I served the within notice on the within named 

[here name the person served by copy] on the-day of-18.., by 

leaving a copy thereof at the dwelling house of [here state whose house] 
in.... township, .... county, Iowa, that being the usual place of res- 


* Code of 1873, Secs. 2601, 2602, 2603. 


+ Code of 1873, Sec. 2603. 





9 


idence of [here name the person or persons served,] with [here give the 
name of the person with whom the copy is left] he (or she) being a 
member of the family over fourteen years of age. The said [here name 
the person or persons] not being found in-county, Iowa. 

Fees, $. . Sheriff or Constable. 

When practicable, the persons named in the notice may acknowledge 
service in writing thereon, as follows: 


No. 5.—ACCEPTANCE OF SERVICE OF NOTICE. 

I (or we) do hereby acknowledge due and legal service of the within 
notice, this.... day of_18.. . 

When service is acknowledged according to form No. 5, neither 
copies to the parties, nor formal return by the officer or person serving 
the same, is required. 

The reading of the notice, and also the delivering of the copy, may 
be waived by the parties served, and the fact noted in the return. 

When the notice is served by any person not an officer, or when 
served out of the state, the affidavit of the person serving the same 
may be as follows: 


No. 6.—AFFIDAVIT TO RETURN OF NOTICE TO PROPERTY 
OWNERS. 


State of Iowa, ) 
.... County, j 


ss. 


I •.. -, on oath say that I served the within notice, [here pro¬ 
ceed as in the foregoing forms, as the case requires]. . 

Subscribed and sworn to before me by_this.. . .day of.. . .18.. 

.. Justice of the Peace. 


The return must be in strict compliance with the statute* and 
must show the time, manner and place of service, and that a copy was 
delivered or offered to be delivered to the person served.f 

The notice should be published in the paper most likely to give 
notice to all parties interested; provided more than one such paper is 
published in the county. 

Proof of the publication must be made by the affidavit of the pub¬ 
lisher or other competent person knowing the fact. 


*1 Green, 346; 10 Iowa, 553; 13 Iowa, 304. 


tCorte of 1873, §3604 ; 37 Iowa, 465. 








10 


Section 937. If no objections or claims for damages are filed on or before noon 
of the day fixed for filing the same, and the auditor is satisfied the provisions of the 
preceding section have been complied with, he shall proceed to establish such high¬ 
way as recommended by the commissioner upon the payment of costs. If such costs 
are not paid within ten days, the auditor shall report his action in the premises to 
the board of supervisors at their next session, who may affirm the action of the 
auditor or establish such highway at the expense of the county. 

Sec, 938. If the auditor is satisfied the notice has not been served and published 
as provided in section nine hundred and thirty-six of this chapter, he shall appoint 
another day, and cause such notice to be served or published as provided in said 
section, and thereafter proceed as provided in the preceding section. 

Sec. 939. If objections to the establishment of the highway or claims for dam¬ 
ages are filed, the further hearing of the application shall stand continued to the 
next session of the board of supervisors, held after the commissioners appointed to 
assess damages have reported. 

Sec. 940. When claims for damages are filed, and on the day appointed for 
filing the same, the auditor must appoint three suitable and disinterested electors of 
the county as appraisers to view the ground on a day fixed by him, and report upon 
the amount of damages sustained by the claimants ; such report shall be made and 
filed in the auditor’s office within thirty days after the day they are appointed. 

Sec. 941. All claims for damages and objections to the establishment, vacation, 
or alteration of the highway must be in writing, and the statements in the applica¬ 
tion for damages shall be considered denied in all the subsequent proceedings. 

Sec. 942. The auditor shall cause notice of their appointment to be given to 
each of the appraisers, fixing the hour at which they are to meet at the office of the 
auditor, or of some justice of the peace therein named. 

Sec. 943. If the appraisers are not all present within one hour of the time thus 
fixed, the auditor or justice, as the case may be, shall fill the vacancy by the ap¬ 
pointment of others. The appraisers must be sworn to discharge their duty faith¬ 
fully and impartially. 

Sec. 944. Should the report not be filed in tune, or should any other good cause 
for delay exist, the auditor may postpone the time for final action on the subject, 
and may, if expedient, appoint other commissioners. 

Sec. 945. Should no damages be awarded the applicant therefor, the whole of 
the cost growing out of Iris application shall be paid by him. 

IV. FINAL ACTION IN THE ESTABLISHMENT, VACATION, 
OR ALTERATION OF HIGHWAYS. 

Section 946. When the time for final action arrives, the board of supervisors 
may hear testimony, receive petitions for and remonstrances against the establish¬ 
ment, vacation, or alteration, as the case may be, of such highway, and may 
establish, vacate, or alter, or refuse to do so, as in their judgment, founded on the 
testimony, the public good may require. Said board may increase or diminish the 


11 


damages allowed by the appraisers, and may make such establishment, vacation, or 
alteration, conditioned upon the payment in whole or in part of the damages 
awarded, or expenses in relation thereto 

Sec. 947. In the latter case, a day shall be fixed for the performance of the con¬ 
dition, which must be before the next session of the board, and if the same is not 
performed by the day thus fixed, the board shall, at such session, make some final 
and unconditional order in the premises. 

Sec. 948. Any order made or action taken in the establishment of a highway, 
shall be entered in the highway record, distinguishing between those made or taken 
by the auditor, and those by the board of supervisors. 

Sec. 949. After the highway has been finally established, the plat and field 
notes must be recorded by the auditor, and he shall certify the same to the township 
clerk, and the township clerk shall certify to and direct the supervisor of highways 
to have the same opened and worked subject to the provisions of the next section. 

Sec. 950. A reasonable time must be allowed to enable the owners of land to 
erect the necessary fences adjoining the new highway ; and when crops have been 
planted or sowed before the highway is finally established, the opening thereof 
shall be delayed until the crop is harvested. 

Sec. 951. The rights and interests of minors and insane persons, in relation to 
the establishment, vacation, and alteration of highways, and all matters connected 
therewith, are under the control of their guardians. 

Sec. 952. All public streets of towns or villages not incorporated, are part of 
the highway; and all supervisors of highways, or persons having charge of the 
same, in their respective districts of such towns or villages, shall work the same as 
provided by law. 

Sec. 953. Such portions of all highways as lie within the limits of any city or 
incorporated town, shall conform to the direction and grade, and be subject to all 
regulations of other streets in such town or city. 

Sec. 954. Highways or streets shall not be established or opened across the 
lands reserved by the state for its various institutions lying adjacent thereto, with¬ 
out the express consent of the general assembly. 


V. HIGHWAYS ACROSS OR ALONG COUNTY LINES. 

Section 955. The establishment, vacation, or alteration of a highway, either 
along or across a county line, may be effected by the concurrent action of the 
respective boards of supervisors in the mode above prescribed; except that the 
auditor of neither county can make the final order in such case. The commissioners 
in such cases must act in concert, and the highway will not be deemed established, 
vacated, or altered in either county until it is so in both. 

Sec. 956. Hereafter there shall be no distinction between highways heretofore 
known as state roads and county roads ; both are alike subject to the provisions of 
this chapter. Highways established by the concurrent action of the board of 
supervisors of two or more counties, can only be discontinued by the concurrent 


12 


action of the board of supervisors of the several counties in which the same may be 
situated, but such highways shall be treated in all other respects as provided in this 
title. 


YI. HIGHWAYS ESTABLISHED BY CONSENT. 


Section 957. Highways may be established without the appointment of a com¬ 
missioner, provided the written consent of all the owners of the land to be used for 
that purpose be first filed m the auditor’s office ; and if it is shown to the satisfaction 
of the board of supervisors, that the proposed highw ay is of sufficient public im¬ 
portance to be opened and worked by the public, they shall make an order establish¬ 
ing the same, from which time only shall it be regarded as a highway 

Sec. 958. If a survey for the establishnent of the highway named in the pre¬ 
ceding section is necessary, the board of supervisors, before ordering such survey, 
may require the parties asking for the establishment of such highway to pay, or 
secure the payment of, the expenses of such survey. 


VII. APPEALS FROM BOARD OF SUPERVISORS ON 
ALLOWING OR REJECTING CLAIMS 
FOR DAMAGES. 


Section 959. Any applicant for damages claimed to be caused by the establish¬ 
ment of any highway, may appeal from the final decision of the board of supervisors 
to the circuit court of the county in which the land lies; but notice of such appeal, 
must be served on the county auditor within twenty days after the decision is made 
If the highway has been established on condition that the petitioners therefor pay 
the damages, such notice shall be served on the four persons first named in the pe¬ 
tition for the highway, if there are that, many who reside in the county. 

Sec. 960. An appeal may also be taken by the petitioner for the highway as to 
amount of damages, if the establishment of the highway has been made conditional 
upon his paying the damages, by his serving notice of such appeal on the county 
auditor and applicant for damages within twenty days after the decision of the hoard 
of supervisors, and filing a bond in the office of such auditor, with sureties to be 
approved by him, conditioned for the payment of all costs occasioned by such appeal, 
unless the appellant fails to recover a more favorable judgment in the circuit court 
than was allowed him by such board. 

Sec. 961. In the cases contemplated in the two preceding sections, the auditor 
shall, within ten days after the notices aforesaid are served and filed m his office, 
make out and file in the office of the clerk of said court, a transcript of the papers 
on file in his office and proceedings of the board in relation to such damages. The 
claimant for damages shall be plaintiff, and the petitioner for the highway defend¬ 
ant, except the damages have been ordered paid out of the county treasury, in 
which case the county shall be defendant. 


13 


Sec. 962. The amount of damages the claimant is entitled to, shall be ascertained 

y said circuit court in the same manner as in actions by ordinary proceedings, and 
the amount so ascertained shall be entered of record, but no judgment shall be 
rendered therefor. The amount thus ascertained shall be certified by the clerk to 
the board of supervisors, who shall, thereafter, proceed as if such amount had been 
by them allowed the claimant as damages. 

Sec. 963. If the appeal has been taken by the claimant, the petitioner for the 
highway, or the county, must pay the costs occasioned by the appeal; but the county 
shall pay only when the damages have been ordered to be paid out of the county 
treasury. If the petitioner for the highway appeals, he must pay the costs, unless 
the claimant recovers a less amount than was allowed him by the board, in which 
case the costs shall be paid by the claimant. Judgment shall be rendered in accord¬ 
ance with the foregoing provisions. 


VIII. LOST FIELD NOTES. 

Section 964. When by reason of the loss or destruction of the field notes of the 
oiiginal survey, or in cases of defective surveys or record, or in cases of such numer¬ 
ous alterations of any highway since the original survey, that its location cannot be 
accurately defined by the papers on file in the proper office, the board of supervisors 
of the proper county may, if they deem it necessary, cause such highway to be 
resurveyed, platted, and recorded as hereinafter provided. 

Sec. 965. A copy of the field notes, together with a plat of any highway sur¬ 
veyed under the provisions of the preceding section, shall be filed in the office of the 
county auditor, and, thereupon, he shall give public notice by publication in some 
newspaper published within the county, or, if no paper is published in his county, 
by posting such notice in five of the most public places in the vicinity of such sur¬ 
vey, that such survey has been made and that at some term of the board of super¬ 
visors, not less than twenty days from the publication, they will, unless good cause 
be shown against so doing, approve of such survey and plat, and order them to be 
recorded as in cases of the original establishment of a public highway. 

Sec. 966. In case objection shall be made by any person claiming to be injured 
by the survey made, the board of supervisors shall have full power to hear and 
determine upon the matter, and may, if deemed advisable, order a change to be 
made in the survey. Upon the final determination of the board, or in case no 
objection be made at the term named in the notice of the survey, they shall approve 
of the same and cause the field notes and plat of the highway to be recorded as in 
case of the establishment, or alteration of highways, and thereafter such records 
shall be received by all courts as conclusive proof of the establishment and existence 
of such highway, according to such survey and plat. 

Sec. 967. If the same has not been heretofore done in any other manner, the 
county auditor shall, within six months after this code takes effect, cause every high¬ 
way in his county, the legal existence of which is shown by the records and files of 
his office, to be platted in a book to be obtained and kept for that purpose, and 
known as the “highway plat-book.” Each township shall be platted separately, 
on a scale of not less than four inches to the mile, and such auditor shall have all 


14 


changes in or additions to the highways legally established, immediately entered 
upon said plat-book, with appropriate references to the files in which papers rela¬ 
ting to the same may be found. 

Sec. 968. Within the time aforesaid, the auditor shall furnish to the township 
clerks a certified copy of said plat-book, so far as the same relates to their respective 
townships, which shall be carefully preserved in the office of said clerks. The 
auditor shall notify said clerks of all changes made in the plat-book relative to the 
highways, so far as the same relate to their townships respectively; on receipt of 
which, said clerks shall immediately make corresponding changes on the maps in 
their respective offices. 


IX. ESTABLISHMENT OF HIGHWAYS BY DEDICATION 
AND PRESCRIPTION. 

In addition to the statutory provisions relating to the establishment 
of highways, they may derive their existence from a dedication of the 
land to public use, and the acceptance thereof to the public; such 
dedication may be in writing, by parol, or any other acts inconsistent 
with any other inference,* and it may also be established without 
proof of an express grant by the owner. Long use by the public, and 
the acquiescence of the owner therein, are evidence of a dedication; 
and such right acquired by use by the public, with the knowledge of 
the owner, becomes perfect in ten years ;f but a local or timber road 
requires much stronger evidence of dedication or prescriptive right 
than an acknowledged highway which is constantly traveled ; J and to 
constitute a highway by prescription, based upon use by the public 
for the required length of time, with the knowledge and consent of 
the owner of the soil, there must be an absence of proof that the high¬ 
way was so used by leave, favor, or mistake. 

If it be shown that the apparent consent of the owner was based 
upon mistake as to the location of the section line on which it was 
intended the highway should run, no highway by prescription will be 
gained thereby;! continued, uninterrupted adverse use by the public, 
is essential to establish such right. § 

The owner of land, under the belief that a certain highway used by 
the public was a legally established highway, proposed that if the 
route of the highway was so changed as to run along the line of his 
land he would give the right of way; it was accordingly changed and 


*27 Iowa, 15; 34 Iowa, 144—478. 

fl9 Iowa, 125; 22 Iowa, 457; 36 Iowa, 485; 39 Iowa, 23. 

J22 Iowa, 457; 26 Iowa, 377; 29 Iowa, 73. 

1130 Iowa, 258; 34 Iowa, 144; 20 Pick,, 291. 

§40 Iowa, 637 ; 32 Ill., 278; Angel on Highways, 151; 15 Ill., 241. 



15 


used by the public for several years, and considerable expenditures 
made thereon in its improvement; it was held that the dedicator or 
his assignee could assume possession again, upon its being ascertained 
that the old highway was not a legal highway.* 

When the public have traveled for more than ten years a route de¬ 
viating slightly from that originally established, by reason of an 
obstacle in the surveyed route, and pursuant to some arrangement 
with adjacent owners and not by mistake merely, such traveled route 
becomes a highway by prescription;! but the dedication of a highway 
for private purposes will not establish a public highway by prescrip¬ 
tion. I 

X. CATTLE-WAYS ACROSS HIGHWAYS. 

Upon application by any person to the board of supervisors of any 
county for permission to construct a cattle-way across, over or under 
any public highway, the board may grant the same; provided said 
cattle-way shall not interfere with the travel upon Such highway; but 
the person who applied for such cattle-way shall construct the same 
at his own expense, and be responsible for all damages that may arise 
from its construction or from the same not being kept in good condi¬ 
tion, and that the grade of the highway over the cattle-way shall not 
exceed one foot in ten. 

If the person on whose land such cattle way is constructed, fails to 
keep the same in good repair, then it shall be the duty of the road 
supervisor to make all repairs necessary and charge the same to the 
owner of the land upon which such cattle-way is constructed, and 
upon his refusal or failure to pay, the supervisor shall recover the 
same in an action brought in his own name in any court having com¬ 
petent jurisdiction; which money, when collected, shall be expended 
for improving or repairing the public highway in the road district 
where such cattle-way is constructed. Provided that no person shall 
construct any cattle-way so as to obstruct the freedom of the public 
in watering at any running stream. || 

XL DUTIES OF TOWNSHIP TRUSTEES IN REFER¬ 
ENCE TO HIGHWAYS. 

Section 969. The township trustees of each township shall meet on the first 
Monday in April, or as soon thereafter as the assessment book is received by the 
township clerk, and on the first Monday in October in each year. At the April 
meeting said trustees shall determine: 


* 3? Iowa, 250. 


, +36 Iowa, 614. 


\ 36 Iowa, 485. 


I Laws of 1876, Chapter 111, 




16 


1. Upon the amount of property tax to be levied for highways, bridges, guide- 
boards, plows, scrapers, tools, and machinery adapted to the construction and repair 
of highways, and for the payment of any indebtedness previously incurred for high¬ 
way purposes, and levy the same, which shall not be less than one nor more than 
five mills on the dollar on the amount of the township assessment for that year; 

2. Whether any portion of said tax shall be paid in labor, and, if so, what por¬ 
tion may be so paid; 

3. Upon the amount that will be allowed for a day’s labor done by a man, and 
by a man and team, on the highway ; 

4. At the October meeting, said tiustees shall divide their respective townships 
into such number of highway districts as they may deem necessary for the public 
good, and, at said meeting they shall settle with the township clerk and supervisors 
of highways. 

Sec. 970. The trustees shall set apart such portion of the tax specified in the 
preceding section of this chapter, as they deem necessary for the purpose of pur¬ 
chasing the tools and machinery, and paying for the guide-boards mentioned in said 
section, and the same shall constitute a general township fund; and such trustees 
shall require the township clerk to give bond in such sum as they deem proper, con¬ 
ditioned as the bonds of county officers, which bond, and the sureties thereon, shall 
be approved by said trustees. Said clerk shall take charge of and properly preserve 
and keep in repair such tools, implements, and machinery as may be purchased with 
said general township fund, and shall have authority to determine at what time the 
supervisors of the several districts may have the custody and use of the same, or any 
part thereof, and shall be responsible for the safe keeping of the same, when not in 
custody of some one of the supervisors for use in working the highways in his district, 
and shall receive such compensation as the trustees shall provide to be paid out of 
such fund. 

The tools and machinery necessary for the construction and repair 
of highways are to be OAvned by the Township, and not by the several 
road Districts. * 

Sec. 971. The trustees shall order and direct the expenditure of the general 
township fund. 


XII. DUTIES OF TOWNSHIP CLERK IN REFER¬ 
ENCE TO HIGHWAYS. 


Section 972. The toAvnship clerk shall furnish each supervisor, to be by him 
transferred to his successor in office, Avith a copy of so much of the map or plat 
furnished such clerk by the auditor as relates to the highways in the district of such 
supervisor, and, from time to time, to mark thereon the changes in or additions to 
such highways as the same are certified to him by the auditor. 


1 45 Iowa, 520. 





17 


The map referred to in section 972, to be delivered by the township 
clerk to the highway supervisor, confers no additional authority upon 
him, and is no authority for his action; and in an action against him 
for trespass for throwing down fences of another while claiming to 
open a highway, he cannot justify under the map, although it pur¬ 
ports to contain all the legal highways in the township and represents 
the line in question to be a legal highway. The rule that a ministe¬ 
rial officer is not liable for the executing of legal process does not 
apply; and he must show that in fact a highway did exist either de 
facto or de jure. * 

Sec. 973. The township clerk shall, within four weeks after the trustees have 
levied the property tax, make out a tax list for each highway district in his town¬ 
ship, which list shall be in tabular form and in alphabetical order, having distinct 
columns for lands, town lots, and personal property, and carry out in a column the 
amount of the tax on each piece of land, and town lot, and on the amount of per¬ 
sonal property belonging to each individual; and he shall carry out the amount of 
tax, to be paid in money, due from each individual in a column by itself; which list 
shall contain the names of all persons required to perform two days’ labor upon the 
highway as a poll tax; and to enable the township clerk to make out such tax list, 
the assessor shall furnish the township clerk of each township, on or before the first 
day of April of each year, a correct copy of the assessment lists of said township for 
that year, which list shall be the basis of such tax list. The county auditor shall 
furnish the several township clerks of his county with printed blanks necessary to 
carry into effect the provisions of this chapter. 

Under section 973 railroads are subject to assessment for road tax. f 

Section 974. The township clerk shall make an entry upon such tax list show¬ 
ing what it is, for what highway district, and for what year, and shall attach to the 
list his warrant under his hand, in general terms, requiring the supervisor of such 
district to collect the taxes therein charged as herein provided; and no informality 
in the above requirements shall render any proceedings for the collection of such 
taxes illegal. The clerk is hereby required to cause such lists to be delivered to the 
proper supervisors of his township within thirty days after the levy, and take 
receipts therefor; and such list shall be full and sufficient authority for the super¬ 
visor to collect all taxes therein charged against resident property-holders in his 
district. 

The entry should be written on the back of the list and near the 
top when folded, and may be as follows: 

Highway tax list for year.. - .18.., for highway district No., 

-township,. ^. county, Iowa. 

The warrant of the township clerk may be attached to the list at 
the most convenient place, and may be in form as follows : 


*34 Iowa, 494. 


141 Iowa, 63. 




18 


No. 7.—WARRANT OF TOWNSHIP CLERK TO COLLECT TAXES. 

To . Supervisor of Highway District No . , in . town¬ 
ship, . county , Iowa: 

Yon are hereby authorized and commanded to collect the taxes 
charged in the within list as by statute in such cases made and pro¬ 
vided. Given under my hand this-day of_ 18 .. 

. Township Clerk. 

When the clerk delivers the tax lists to the supervisors, he is required 
to take a receipt therefor from each supervisor receiving such list, 
which receipt may be in the following form: 


No. 8.—SUPERVISOR’S RECEIPT FOR HIGHWAY TAX LIST. 

Received of.clerk of.township,.county, Iowa, 

the tax list for highway district number-, in.township, for 

the year 18 .., amounting to-dollars and-cents. 

Dated this-day of- 18 .. 

. Supervisor of Highway District No . 

Section 975. The township clerk shall, on or before the second Monday in 
October in each year, make out a certified list of all land, town lots, and personal 
property on which the highway tax has not been paid, and the amount of tax 
charged on each parcel of land, town lot, or personal property, designating the 
district in which the same is situated, and transmit the same to the auditor, who 
shall enter the amount of tax to each piece of land or town lot and person taxed 
for personal property in the column ruled for that purpose, the same as other taxes, 
and deliver the same to the county treasurer, charging him with the same, which 
shall be collected by such treasurer in the same manner that county taxes are col¬ 
lected; and in case the township clerk shall fail or neglect to make such return, he 
shall forfeit and pay to the use of the township, for highway purposes, a sum equal 
to the amount of tax on said land, which may be collected by suit on his official 
bond before any court having competent jurisdiction. 

Section 976. The county treasurer shall, on the last Monday in March and 
September in each year, pay to the township clerk all the highway taxes belonging 
to his township which are at such times in his hands, taking the duplicate receipts 
of such clerk therefor, one of which shall be delivered by such treasurer, on or be¬ 
fore the first Monday in April and October in each year, to the trustees. 

XIII. HIGHWAY SUPERVISORS, ELECTION, QUALIFICA¬ 
TION AND DUTIES. 

No person shall vote for supervisor of highways of any highway 
district other than that in which he resides at the time of election. 
Votes for highway supervisors are to be separate and deposited in 
separate ballot boxes or compartments.* 


Laws of 1878, Chap. 71. 
















19 


Section 977. The supervisor must reside in the district for which he is elected 
or appointed, and no person shall be required to serve as supervisor who is exempt 
from performing labor on the highway. 

Section 978. Each supervisor shall be required to give bond in such sum and 
with such security as the township clerk may deem requisite, and conditioned that 
he will faithfully and impartially perform all the duties devolving upon him, and 
appropriate all moneys that may come into his hands by virtue of his office accord¬ 
ing to iaw; and in case of a vacancy occurring in any highway district within a 
township, the township clerk shall fill such vacancy by appointment. 

The bond above prescribed may be as follows: 

No 9.—HIGHWAY SUPERVISOR’S BOND. 

Know all men by these presents : That.as principal, and 

.as sureties, of.county, Iowa, are held and 

firmly bound unto the state of Iowa, for the use of the highway fund 

in highway district number-in-township,.county, Iowa, 

in the penal sum of.dollars, for the payment of which well and 

truly to be made, we bind ourselves, our heirs and assigns, firmlv bv 
these presents. 

The condition of the above obligation is such : That whereas, the 

above bounden.has been elected (or appointed) supervisor in 

highway district number-in-township.county, Iowa. 

Now, if the said.. .will faithfully and impartially perform all 

the duties devolving upon him, and appropriate all moneys that may 
come into his hands by virtue of his office, according to law, then this 
obligation to be void, otherwise to be in full force and virtue. 

Signed this.day of.18.. . Principal. 


Approved this.day of.18.. . > Sureties. 

---- Township Clerk. .) 

STATE OF IOWA,) ^ 

.County, j ss ’ 

I.solemnly swear that I will support the constitution of 

the United States and the constitution of the State of Iowa, and that 
I will faithfully and impartially discharge the duties of the office of 
highway supervisor according to the best of ni 3 r ability. 


Subscribed and sworn to by.before me this.day 

of.. ..A. D. 18.. 


In the approval of official bonds, the clerk cannot exercise too 
much care. Supervisors frequently have considerable money come 
into their hands by virtue of their office, and should the same be 
squandered or misapplied, and the signers of the bond be irresponsi¬ 
ble, the clerk may become liable therefor. / 























20 


The penalty specified in the bond must not be less than double 
the amount the supervisor will be likely to have in his hands at any 
one time, which amount may readily be ascertained from the tax list 
and other records in the clerk’s possession. 

Section 979. The township clerk shall notify each supervisor within five days 
after his election or appointment, and if he shall fail to appear before said township 
clerk, unless prevented by sickness, within ten days, and give bond and take the 
oath of office, he shall forfeit and pay the sum of five dollars, and m case of his fail¬ 
ing or refusing to pay the same, his successor in office shall collect the said amount 
by suit or otherwise, and apply the same to the repairing of highways in his dis¬ 
trict. 

The notice of the election or appointment of highway supervisors 
may be in the following form: 

No. 10.—NOTICE OF ELECTION OR APPOINTMENT OF HIGHWAY 

SUPERVISOR. 

To.... .: You are hereby notified that you have been elected 

(or appointed as the case may be) highway supervisor for highway 

district number.. ..in..... .township,-county, Iowa, and you are 

required to appear before the undersigned and give bond and take 
the oath of office within ten days after the service of this notice; and 
on your failure to do so, you will be liable to pay a forfeiture of live 
dollars. 

Given under my hand this.day of.... .18 .. 

.. Township Clerk. 

The notice may be served by the same person and return made in 
the same manner, as other notices of a like character are served and 
returned.* 

Section 980. The supervisor shall, within ten days after receiving the tax list 
specified in sections nine hundred and seventy-three and nine hundred and seventy 
four, post up m three conspicuous places within his district, written notices of the 
amount of highway tax assessed to each tax payer in said district. 

The better way is to copy off three tax lists from the list received 
from the township clerk and post them up, and the supervisor can 
then keep the original for reference. 

Section 981. The supervisor shall cause all tax collected by him to be expended 
for the purposes specified in section nine hundred and sixty-nine of this code, on or 
before the first day of October of that year, except the portion set apart for a gene¬ 
ral township fund as provided in said section, which shall be by the supervisor paid 
over to the township clerk from time to time as collected, and his receipt taken 
therefor. 

The receipt may be in the following form: 


*See forms No. 3, 4 and 5. 







21 


No. 11. CLERK’S RECEIPT TO HIGHWAY SUPERVISOR. 

$ • • • • .toAvnship,.... county, Iowa. 

Received of..supervisor of highway district number... .in 

.township.county, Iowa, the sum of.dollars and- 

cents, general township fund collected by him. 

. Township Clerk. 

Section 982. The money tax levied upon the property in each district, except 
that portion set apart as a general township fund, whether collected by the super¬ 
visor or county treasurer, shall be expended for highway purposes in that district, 
and no part thereof shall be paid out or expended for the benefit of another district. 

Sec. 983. The supervisor shall require all able bodied male residents of his 
district between the ages of twenty-one and forty-five, to perform two days’ labor 
upon the highway between the first day of April and September of each year. 

Sec. 984. The supervisor shall give at least three days notice of the day or days 
and place designated to work the highways to all persons subject to work thereon, 
or who are charged with a highway tax within his district, and all persons so noti¬ 
fied must meet said supervisor at such time and place with such tools, implements, 
and teams as the supervisor may designate, and shall labor diligently under the 
direction of the supervisor for eight hours each day; and for such two days’labor 
performed, the supervisor shall give to the person a certificate, which certificate 
shall be evidence that such person has performed labor on the public highway, and 
shall exempt such person from performing labor in payment of highway poll tax in 
that or any other highway district for the same year. And the supervisor shall 
give any person who may perform labor in payment of his highway tax, if demand¬ 
ed, a receipt showing the amount of money earned by such labor, which shall be 
evidence of the payment of said tax to the amount specified in the receipt. 

Should there be any persons between the ages of twenty-one and 
forty-five, residing in the district, whose names are not on the list, it 
is the duty of the supervisor to place their names on said list and com¬ 
pel all such to perform labor, as required in this chapter. 

The notice mentioned in the foregoing section may be either verbal 
or written. As the statute points out no manner in which the notice 
shall be served, it seems that any manner is sufficient, provided the 
person to be notified receives it, and no person can be compelled to 
perform the labor until such notice shall have been given. 

Should it be necessary or more convenient to give a,written notice, 
it may be in form as follows: 

No. 12.—NOTICE TO PERFORM LABOR ON THE HIGHWAY. 

To.: You being subject to perform labor on the highway 

in this district, you are hereby notified to appear with [here state what 

implements,] on the-day of .... 18 .., at .... o’clock ... M., at 

[here name the place] for the purpose of working out your said high¬ 
way tax. Given under my hand this .... day of .... 18 .. 

. Supervisor of Highway District No . 












To any person who shall have performed the two days labor in pay¬ 
ment of his highway labor or poll tax, the supervisor shall give a 
certificate, substantially as follows : 

No. 13. 

I hereby certify that .... has performed two days’ labor in full pay¬ 
ment of his highway labor or poll tax assessed in highway district 
number ... in ... township, ... county, Iowa, for the year 18 .. 

Given under my hand this-day of*_18 .. 

. Highway Supervisor. 

When a person pa^s his highway labor or poll tax in money instead 
of labor, the above form may be changed as required. 

And to any who performs labor in payment of his highway prop¬ 
erty tax, if demanded, the supervisor shall give a receipt, which may 
be in form as follows: 


No. 14. 

$-. -township,-county, Iowa,_18 

Received of.the sum of-dollars and ... cents, in 

labor on his highway property tax in district number_in_ 

township, .... county, Iowa, in [here state whether in full or in part] 
payment of his highway property tax for the year 18 .. 

. Supervisor of District No . 

Section 985. Each person liable to perform labor on the highway as poll tax, 
who shall fail or neglect to attend, either in person or by satisfactory substitute, at 
the time and place appointed, with the designated tool, implement, or team, having 
had three days’ notice thereof, or having attended, shall spend his time in idleness, 
or disobey the supervisor, or fail to furnish said supervisor within five days there¬ 
after, some satisfactory excuse for not attending, shall forfeit and pay to said super¬ 
visor the sum of three dollars for each day’s delinquency, and in case of failure to 
pay such forfeit within ten days, the supervisor shall recover the same by action in 
the name of the supervisor, and no property or wages belonging to said person 
shall be exempt to the defendant on execution. 

Nor person will be released from performing the required two days’ 
labor, even should a satisfactory excuse be given for not appearing at 
the time required as provided above. 

In municipal corporations all able bodied male residents of the cor¬ 
poration between the ages of twenty-one and fifty years, shall, between 
the first day of April and the first day of September in each year, 
either by themselves or satisfactory substitutes, perform two days’ labor 






23 


on the streets, alleys, or highways within such corporation at such 
times and places as the proper officer may direct, and upon three days’ 
notice in writing given; the corporation may provide that for each 
days’ failure to attend and perform the labor as required, at the time 
and place specified, the delinquent shall forfeit and pay to the corpo¬ 
ration any sum not exceeding two dollars for each day’s delinquency, 
and if not paid on the first day of September of each year, may be 
treated and collected as taxes on property, and the same shall be a lien 
on all the property of the delinquent that may be listed for taxation 
and assessed and owned by him on the first day of November of the 
same year. * 

A man who is not able bodied is not liable to the penalty prescribed 
for failure to appear when summoned by the supervisor to perform 
labor on the highway, nor would the failure of such person to make 
his disabilities known to the supervisor change the rule, f 

Any person who is an active member of any fire engine, hook and 
ladder, hose, or any other company for the extinguishment of fire, or 
the protection of property at fires under control of the corporate 
authorities of any city or incorporated town, shall, during the time he 
j shall continue an active member of such company, be exempt from 
the performance of any military duty, and from the performance of 
labor on the highways on account of poll tax, and from serving as a 
juror. I 

4 

Section 986. The supervisor shall perform the same amount of labor as is 
required of an able bodied man, for which he shall be allowed the s um fixed by the 
trustees for each day’s labor, including the time necessarily spent in notifying the 
hands and making out his returns, which sum shall be paid out of the highway fund, 
after deducting his two days’ work. When there is no money in the hands of the 
clerk with which to pay the said supervisor, he shall be entitled to receive a certifi¬ 
cate for the amount of labor performed, which certificate shall be received in pay¬ 
ment of his own highway tax for any succeeding year. 

The supervisor should keep an accurate account of each day (of eight 
hours) actually spent by him in the discharge of his duties, and make 
a detailed statement of the same to the trustees on the first Monday 
in October. 

The certificate provided for in the preceding section may be sub¬ 
stantially as follows : 


* Code of 1873, §487. 
+ 31 Iowa, 75. 

% Code of 1873, §1560. 



24 


No. 15.—CERTIFICATE OF LABOR PERFORMED ON HIGHWAY. 

.township,.comity, Iowa. 

I,.clerk of.township,..... .county, Iowa, do hereby 

certify that.has performed [here state the number of'days] days 

labor on the highway in highway district number....in.town¬ 
ship,.county, Iowa, during the year 18.., and that there is no 

money in my hands with which to pay the same. 

Given under my hand this.day of.... 18.. 

. Township Clerk. 

Should there be money in the hands of the clerk subsequent to the 
giving of such receipt sufficient to pay the same off, he may do so, and 
take up said receipt and credit the amount on his books. 

Section 987. The supervisors of the several districts of each township shall re¬ 
port to the township clerk on the first Monday of April and October of each year, 
which report shall embrace the following items: 

1. The names of all persons in his district required to perform labor on the pub¬ 
lic highway, and the amount performed by each; 

2. The names of all persons against whom suits have been brought, as required 
by section nine hundred and eighty-five, and the amount collected of each; 

3. The names of all persons who have paid their property highway tax in labor, 
and the amount paid by each; 

4. The names of all persons who have paid their property tax in money, and the 
amount paid by each; 

5. A correct list of all non-resident lands and town lots on which the highway 
tax has been paid, and the amount paid by each; 

6. A correct list of all non-resident lands and town lots on which the highway 
tax has not been paid, and the amount of tax on each piece; 

7. The amount of all moneys coming into his hands by virtue of his office, and 
from what sources; 

8. The manner in which moneys coming into his hands by virtue of his office 
have been expended, and the amount, if any, an his possession; 

9. The number of days he has been faithfully employed in the discharge of his 
duty; 

10. The condition of the highways in his district, and such other items and sug¬ 
gestions as said supervisor may wish to make, which report shall be signed and 
sworn to by said supervisor and filed by the township clerk in his office 

It is tbe duty of the township clerk to provide the supervisors with 
the necessary blanks on which to make out their reports ; but should 
no blanks be provided, the supervisors may use the following form in 
making out such reports, which may be altered and changed when 
necessary to meet the circumstances of each case. 











25 


No. 16.—REPORT OF HIGHWAY SUPERVISOR.* 

The State of Iowa, ) 

.County, f Highway District No...,.township. 

To the Township Clerk of said Township: 

The undersigned, supervisor of said highway district, herewith pre¬ 
sents his semi-annual report in compliance with section 9S7, Code of 
1873, as follows: 


1 

Poll Tax-. 

Property Tax. 

Sued for 
Poll Tax. 


HAIVIES 

Of persons required to! 
perform labor and pay tax 
lor highway purposes. 

5|j 

q 

Amount 
paid 
in cash. 

Ain’t ! 

levied. 

«.s 

o 1 

-^.2 

<i 5 o 

No 

Ain't col- 

o 

Z) 

REMARKS. 

Allen, John. 

2 



$12 

fi 

00 

$0 

1 

00 

$0 

00 





Baker, A. 

1 

i 

25 

00 

25 

4 

75 





Coons, S. T.. 







1 

5 

50 

* 


This report is required to he made on the first Monday of April 
and October of each year. 


The list of non-resident lands and town lots specified in the forego¬ 
ing section, may he in form as follows : 


No. 17.—LIST OF NON-RESIDENT LANDS AND TOWN LOTS 


In highway district number.in.township.county, 

Iowa, showing the highway taxes for the year 18.., paid and un¬ 
paid since last report. 


Parts of Section, 
Name of Town, or 
Sub-division. 

Sec. or 
Lot. 

Twp. 

or 

Block. 

Range. 

Amount 
of Tax 
Levied. 

Amount 

Paid. 

Amount 

Unpaid. 

Remarks. 

wy 2 s w. m 

6 

6? 

42 

6 

00 



6 

00 


N. W. N. W. 

13 

61 

40 

12 

00 

6 

00 

6 

00 



The account of moneys received and expended, as above provided, 
should be accompanied with receipts or vouchers for all moneys paid 
out in his official capacity, and may be in form as follows: 


^Blanks for Highway Supervisor’s Annual Reports may ho had of Acres, Blackmar & Co., 
Burlington, Iowa. 

















































































26 


No. 18.—HIGHWAY SUPERVISOR’S CASH ACCOUNT. 
District No....,.township. 

MONEYS EECEIYED. 


18.Amount on hand at last report... $ 10 00 

“ received from township clerk. 100 00 

collected on poll tax, as shown herein. 25 00 

on property tax, as shown herein. 50 00 

“ by suits for poll tax, as shown herein. 10 00 


Total.$ 195 00 

MONEYS EXPENDED. 

18.. .. P’d for lab. on pub. highways, as shown by rec’pts herewith $100 00 
‘ “ “ “ bridge material, as shown by receipts herewith.... 50 00 


ii U 

Balance on hand. 45 00 

Total. .. . $195 00 


• Attached to his report of taxes paid and unpaid, list of non-resident 
lands and town lots, and of moneys received and expended as above 
provided, must be his affidavit showing the correctness of said report, 
number of days he has been employed in the performance of his official 
duties, and the condition of the highways in his district at the time of 
such report, which affidavit may be in form as follows: 


No. 19.—OATH TO HIGHWAY SUPERVISOR’S REPORT. 

The State of Iowa, } 

.County, ) ss * I,.being duly sworn on oath, say 

that I am supervisor of Highways in District No... of_township, 

in said county and state ; that the above and foregoing report is true 
and correct in every particular ; that I have been faithfully employed 

.... days during the last-months in the discharge of my duties as 

highway supervisor, and that the highways in said district are in .... 
condition. . Highway Supervisor . 

Subscribed and sworn to by.before me,_18.. 


Each highway supervisor should keep in a book kept for that pur¬ 
pose* a correct account between himself and the district, showing the 
time, from whom, and the amounts of all moneys received; the time, 
to whom, for what, and the amounts of all moneys paid out, which 
account may be substantially as follows: 


Highway Supervisors’ Account Books may be had by sending $1.00 to Acres, Blackmar & Co 
Burlington, Iowa. 




























27 


No. 20.—ACCOUNT BETWEEN HIGHWAY SUPERVISOR AND THE 

DISTRICT. 

.Supervisor, in account with 


Highway District No.township.county, Iowa: 

MONEYS RECEIVED. DR. 

18 ; -April 1. To cash from Township Clerk.$100 00 

5. “ “ J. Taif. on tax hst. 20 00 

20. “ “ “ T. Lanb, on tax list. 70 00 


Total,.$190 00 

MONEYS EXPENDED. CR. 

18.. .May 4. By cash paid T. Lee, for lumber, vouch. No. 1. .$ 15 00 

10. “ “ “ G. Fox, for labor, “ “ 2.. 10 00 

12. “ “ “ A. Mann, for nail§, “ “3.. 1 00 

15. “ “ “ W. Ill, for timber, “ “ 4.. 100 00 

27. “ “ “ J. Robb, for labor, “ “ 5.. 15 00 

July 1. “ ■ “ “ I. Frame, for plank, “ “ 6.. 25 00 

20. “ “ “ Township Clerk, “ “ 7.. 24 00 

- $190 00 


As the supervisor is charged by the township clerk with the amount 
on the tax list, it is necessary that he use care in noting the number 
ol days labor performed and the money paid by the persons therein 
named; he must be enabled to show in his settlement with the clerk 
how many have paid their tax in labor and how many in money; the 
amount of tax due in labor or poll tax, and the amount of property 
tax due and unpaid. No money should be expended without taking a 
receipt or voucher therefor, to be filed away until his settlement with 
the township clerk. Unless the supervisor can account for all moneys 
coming into his hands, he will be liable for any deficit. 

Sec. 988. If it appears from such report that any person has failed to perform 
the two days’ labor required, or any part thereof, and that the supervisor has neg¬ 
lected to collect the amount in money required to be paid in case of such failure, 
the clerk shall add the amount required to be paid in case of such failure to such 
person’s property tax, and certify the same as required in section nine hundred and 
seventy-five, and the auditor shall enter the same on the proper tax hst, and the 
treasurer shall collect the same as required in said section nine hundred and seven¬ 
ty-five. 

Sec. 989. The supervisor is not permitted to cut down or injure any tree grow¬ 
ing by the wayside which does not obstruct the highway, and which stands ha front 
of any town lot, enclosui'e, or cultivated field, or any ground reserved for any public 
use, where such tree is intended to be preserved for shade or ornament by the pro¬ 
prietor of the land on or adjacent to which the tree is standing; and it shall not be 
lawful for the supervisor to enter upon any enclosed or unenclosed lands for the 
purpose of taking timber therefrom, without first receiving permission from the 
owner or owners of said lands. 












28 


This does not authorize the taking of stone from the bed of a river, 
which is no part of the public highway.* 

Supervisors will be restrained from removing standing trees in the 
highway in front of the owner’s premises, unless such removal is de¬ 
manded by the wants of public travel and convenience ; and the 
determination of the supervisors in such cases is not conclusive, but 
may be reviewed and controlled.f 

Section 9904 When notified in writing, that any bridge or any portion of the 
public highway is unsafe, the supervisor shall be liable for all damages resulting 
from the unsafe or impassible condition of the highway or bridge, after allowing a 
reasonable time for repairing the same. And if there is in his district any bridge 
erected or maintained by the county, then, in that event, he shall, on such notice 
of the unsafe condition of such county bridge, as soon as he reasonably can, obstruct 
passage on such bridge and use strict diligence in notifying at least one member of 
the board of supervisors of his county, in writing, of the unsafe condition of such 
bridge; and if he fails so to obstruct and notify, he shall be liable for all damages 
growing out of the unsafe condition of such bridge, occurring between the time he 
is so notified and such time as he neglects in obstructing such passage ; and any 
person who shall remove such obstruction shall be liable for all damages occurring 
to any person resulting from such removal. 

It is the duty of every person knowing any portion of the highway 
or any bridge to be in an unsafe condition to notify the supervisor of 
the fact at once; but to make him liable for neglect, the notice must 
be in writing,|| and may be in form as follows: 


No. 21.—NOTICE TO SUPERVISOR OF THE UNSAFE CONDITION 
OF HIGHWAYS. 

To . Supervisor of Highways in Highivay District No - in 

.... township ,.... county , Iowa: 

You are hereby notified that the highway (or bridge) [here accurate¬ 
ly describe the highway and place of defect] is in an unsafe condition. 
Dated.... this.... day.... of.... 18.. . 

The statute makes no provision in reference to the service and re¬ 
turn of the above notice, but it will be sufficient if it be conclusively 
shown that such notice was given. 

The better way is to have the notice served and return made in the 
same manner that notices to property owners are served and returned, 
except that no publication is required.§ 


*35 Iowa, 98. 
t36 Iowa, 583. 

fAs amended by cbap. 52, Laws of 1878. 


||26 Iowa, 270. 

§See forms No. 3, 4, 5. 





29 


Section 991. For making such extraordinary repairs, the supervisor may call 
out any or all the able-bodied men in the district in which they are to be made, but 
not more than two days at one time without their consent, and persons so called out 
shall be entitled to receive a certificate from the supervisor, certifying the number 
of days labor performed, which certificate shall be received in payment for highway 
tax for that or any succeeding year at the rate per day established for that year. 

The certificate mentioned in the preceding section may be the same 
as that given for labor performed on highways.* 

Section 992. If any able-bodied man, when duly summoned for any such pur¬ 
pose, fails to appear and labor diligently by himself or substitute, or send satisfac¬ 
tory excuse therefor, or to pay the value of such work in money at any time before 
suit is brought, he is liable to a fine of ten dollars, to be recovered by suit before 
any justice of the peace in the name of the supervisor, and for the use of the high¬ 
way fund of the district. 

Section 993. The supervisor shall remove obstructions in the highways caused 
by fences or otherwise, but he must not throw down or remove fences which do not 
directly obstruct the travel upon the highway, until reasonable notice in writing, 
not exceeding six months, has been given to the owner of the land enclosed in part 
by such fence. 

The reasonable time will depend on circumstances, owing to the 
season of the year, and the damage that may result from the removing 
or throwing down of such fence, and is a fact for the determination of 
a jury.f The notice may be served and returned in the manner that 
notices to property owners are served and returned when served on 
persons residing within the county.J Such notice may be in the fol¬ 
lowing form: 

No. 22.—NOTICE TO REMOVE FENCES OBSTRUCTING THE 
HIGHWAY. 

To.: You are hereby notified that you are required to 

remove your fence [here describe it] now obstructing the highway, on 
or before the.... day of.... 18 .., or said fence will be removed by the 
undersigned. 

Dated this.... day of. . .. 18.. 

. Supervisor of Highway District No.. 

To obstruct a highway it is not necessary that it should be rendered 
impassable. An obstruction is an impediment; a hindrance; that 
which impedes progress.|| 

Section 994. The supervisor shall keep the highways in as good condition as 
the funds at his disposal will permit, and shall place guide-boards at cross-roads 
and at the forks of the highways in his district; said boards to be made out of good 
timber, the same to be well painted and lettered, and placed upon good substantial 
hard wood posts, to be set four feet in and to be at least eight feet above ground. 


*See form No. 15. 

+39 Iowa, 607; 40 Iowa, 684. 


+See forms Nos. 3, 4, 5. 
|| 43 Iowa, 145. 





30 


Section 995. The supervisor of highways, when notified in writing that any 
Canada Thistles are growing upon any vacant or non-resident lands or lots within 
his district, the owner, agent, or lessee of which is unknown, shall cause the same 
to be destroyed and make return in writing to the board of supervisors of his 
county, with a bill for his expenses or charges therefor, which shall be audited and 
allowed by said board and paid from the county fund; and the amount so paid shall 
be entered up and levied against the lands or lots on which said thistles have been 
destroyed, and collected by the county treasurer the same as other taxes and re¬ 
turned to the county fund. 

Section 996. The supervisors are required to meet the township trustees at 
their meeting on the first Monday in October in each year, at which time there shall 
be a settlement of the accounts of such supervisors connected with the highway 
fund, for putting up guide-boards and for any other services; and after payment of 
the supervisors, the trustees shall order such distribution of the fund in the hands 
of the township clerk, as they may deem expedient for highway purposes, and the 
clerk shall pay the same out as ordered by the trustees. 

Section 997. Should there be no money in the treasury on final settlement of 
the supervisors with the trustees, said trustees shall order the township clerk to 
issue orders for the amount due the supervisors. The orders so issued shall be 
numbered with the number of the district to which they belong, and shall be re¬ 
ceived the same as money in the payment of highway tax in the district to which 
they are issued. 

Section 998. Any supervisor failing or neglecting to perform the duties re¬ 
quired by this chapter, shall forfeit and pay for the use of the highway fund of his 
district the sum of ten dollars; the township clerk shall, in case of such failure or 
neglect, commence suit in his name for the collection of the same, before any justice 
of the peace within the proper township. 

Section 999. Where any owner or occupant of land adjoining or abutting upon 
any highway may desire to plant a hedge upon the line of the same, he shall be 
allowed to build his fence upon such highway; but he shall not build the fence more 
than five feet within the outer line of said highway, and said fence may be built on 
both sides of all highways of fifty feet or more in width at the same time. Such 
owner or occupant shall not be allowed to occupy such highway as aforesaid for 
more than ten years, and not more than six months before such hedge shall be 
planted, and at the expiration of such time he shall remove such fence upon the 
order of the supervisor of the district where such highway is situated. 

A highway becomes a public highway whether established by the 
original location or by re-location, and the erection of a fence across 
it would amount to an obstruction; and when a person is indicted for 
obstructing a public highway the only questions to be determined are: 

“ 1. Was it a public highway as recognized by law?” 

“2. Was it obstructed by the defendant?”* and malice is not a 
necessary element of the offense of obstructing a highway, the inten¬ 
tion to so obstruct only being necessary to precede the act.f If the 


*1 Green, 439. 


+40 Iowa, 374. 



31 


highway laid out cannot be used on account of natural obstructions, 
and another line is established by prescription or long usage in order to 
evade such natural obstructions, the owner of the adjacent land can¬ 
not fence up such traveled highway without being liable.* 

In removing fences and other obstacles from the highway, the su¬ 
pervisor must not exceed his authority given by the statute, and must 
then perform his duty in respect thereto in an ordinarily prudent and 
careful manner; and if when he so acts, he makes slight variations 
from, or infringements over the line upon the lands of adjacent pro¬ 
prietors, it seems he will not be liable for trespass;! and if he fails to 
remove fences or other obstructions as required by law, he may be 
compelled by an action of mandamus.\ 

If a fence along a highway is so situated as to endanger public 
travel, although it does not extend across the track, or to require re¬ 
moval in order to render the road safe for the public use, it is a direct 
obstruction of the highway and should be removed.! 

The statute provides that if any person maliciously injure, remove 
or destroy any bridge, road, or plank road, or place or cause to be 
placed any obstruction on such bridge, highway or road, or wilfully 
obstruct or injure any public road or highway, he shall be punished 
by imprisonment in the penitentiary not more than five years, or by 
fine not exceeding five hundred dollars and imprisonment in the 
county jail not exceeding one year;§ and a prosecution may he sup¬ 
ported for obstructing a highway established by use or prescription, 
which is of less width than a county or state road established in the 
manner pointed out by the statute; a but a fence projecting into the 
highway which does not obstruct public travel is not such an obstruc¬ 
tion as would justify a criminal prosecution, and the highway super¬ 
visor shall not cause it to be removed without giving the owner 
reasonable noticed. 

While highway supervisors are in duty bound to keep the highways 
in as good condition as the funds at their disposal will permit ,c and 
are liable for all damages resulting from the unsafe or impassable con¬ 
dition of the highways or bridges when notified of such defect, d they 
are not liable for damages resulting from defects, the repairs of which 
would involve extraordinary expenditures.^ However, it is the duty 
of supervisors to make small bridges and repair small defects in large 
bridges, and for a failure or neglect to do so they are liable./ 


*40 Iowa, 595. § Code of 1873, §3979. 

t31 Iowa, 138. a 38 Iowa, 514. 

$36 Iowa, 93. b 40 Iowa, 684. 

|| 39 Iowa, 607. c Code of 1873, §994. 


d Code of 1873, §990. 
e 13 Iowa, 181. 

/13 Iowa, 181. 



32 


It is the duty of the county in which a bridge is situated to make 
all repairs requiring an extraordinary expenditure of money; * such 
as would properly come under the designation of county bridges, and 
such as the county would be bound to build or repair, or over which 
its officers had exercised jurisdiction;! hence, in application of the 
rule it was held of a bridge some twelve or fourteen feet wide, across a 
ditch or small ravine two or three feet wide, and two feet in depth, in 
which structure there was a hole which caused an injury to the plain¬ 
tiff while traveling on the public highway of which such bridge was 
a part, that the county was not liable ; but a county has been held 
liable for the unsafe condition of bridges that have been built by 
county authorities.I 

In order for a person to maintain an action on account of an injury 
occasioned by a defect in a highway, he must show that the highway 
was unsafe, and that he was in the exercise of ordinary prudence and 
care in traveling thereon, and an action may be maintained although 
the primary cause of the injury was an accident, as the breaking of 
the carriage or running away of the team, if the party was not in 
fault. | 

XIY. CONSTRUCTION OF HIGHWAYS LEADING INTO 
CITIES AND TOWNS. 

In reference to the construction and repair of highways leading 
into cities and incorporated towns, the statute provides that they may 
do so by appropriating therefor a portion of the highway tax belong¬ 
ing to said city or incorporated town, not exceeding fifty per cent, 
thereof annually, as hereinafter provided. When a petition shall be 
presented to the council or trustees, signed by one-third of the resident 
tax-payers of said city or town, asking that the question of aiding in 
the construction or repair of any highway leading thereto be submit¬ 
ted to the voters thereof, the council or trustees shall immediately 
give notice of a special election by posting notices in five public places 
in said town at least ten days before said election, which notice shall 
specify the time and place of holding said election, the particular 
highway proposed to be aided, the proportion of the highway tax then 
levied and not expended, or next thereafter to be levied to be appro¬ 
priated, at which election the question of “appropriation” or “no 
appropriation” shall be submitted, and if a majority of the votes polled 
be for appropriation, then the council or trustees may aid in the con- 


* 13 Iowa, 181. 
t 26 Iowa, 205. 


$26 Iowa, 265. 

|| 25 Iowa, 108. 




struction and repair of said highway to the extent of said appropria¬ 
tion, in the same manner as they otherwise would if said highway was 
within the corporation limits of said city or town; but no part of such 
highway tax shall be expended more than two miles from the limits 
of such city or town.* 

XY. MEETING ON HIGHWAYS. 

Section 1000. Persons meeting each other on the public highways shall give 
one-half of the same by turning to the right. All persons failing to observe the 
provisions of this section shall be liable to pay all damages resulting therefrom, 
together with a fine not exceeding five dollars, which fine shall be appropriated to 
repairing the highways in the district where the violation occurred ; but no prose¬ 
cution shall be instituted except on complaint of the person wronged. 


* Code of 1873, §488. 



BRIDGES AND FERRIES. 


XVI. BRIDGES. 

The board of supervisors have power, and it is their duty to provide 
for the erection of all bridges which may be necessary, and which the 
public convenience may require, within their respective counties, and 
to keep the same in repair; hut it shall not be competent for said 
board to order the erection of a bridge where the probable cost will 
exceed five thousand dollars, until a proposition therefor shall have 
been first submitted to the legal voters of the county, and voted for 
by a majority of all voting for and against such proposition at a gene¬ 
ral election,* notice of the same being given for thirty days previously 
in a newspaper, if one is published in the county, and if none be publish¬ 
ed therein, then by written notice posted in a public place in each 
township in the county; provided , that the board of supervisors of 
any county having a population of more than ten thousand, may ap¬ 
propriate for the construction of any one bridge, which is or may 
hereafter become a county charge within the limits of such county, 
or may appropriate towards the construction of any bridge across any 
unnavigable river, which is the dividing line between any two counties 
in this state, and between one county in this state and another state, 
such sum as may be necessary, not exceeding the sum of forty dollars 
per lineal foot for superstructure; but in no case shall they appropri¬ 
ate for said purpose, including superstructure and approaches, a sum 
exceeding fifteen thousand dollars; provided, however, that in any 
county having a population exceeding fifteen thousand, said board 
may appropriate as aforesaid, not to exceed twenty-five thousand 
dollars; provided , that no county shall expend a sum exceeding fifteen 
thousand dollars in aid of the construction of a bridge aeross a stream 
which is the dividing line between two counties, f 

Section 1001. Bridges erected or maintained by the public, constitute parts of 
the highway, and must not be less than sixteen feet in width. 


*25 Iowa, 238. 


tCode of 1873, sec. 303, as amended by Laws of 1876, chapter 80. 




35 


It seems that courts will not compel the construction of a bridge 
where the board of supervisors have determined that the public 
interests do not require it.* 

Section 1002. Any person riding or driving faster than a walk across any 
bridge maintained at the public charge, shall be subject to pay the following penal¬ 
ties : When the bridge is twenty-five feet in length, and does not exceed one hun¬ 
dred, the sum of one dollar for each offense; when it is over one hundred, and does 
not exceed two hundred feet in length, the sum of three dollars for each offense; 
where it is over two hundred, and does not exceed three hundred feet in length, the 
sum of five dollars for each offense; and the further additional sum of one dollar for 
each offense for every hundred feet in length in excess of three hundred, to be re¬ 
covered by civil action in the name and for the county in which the bridge is situ¬ 
ated. If the bridge is situated in more than one county the action is maintainable 
in or by either. 

In cities and incorporated towns, the council shall have the care, 
supervision and control of all public highways and bridges within the 
city, and shall cause the same to be kept in repair ; and all public 
bridges exceeding forty feet in length over any stream crossing a state 
or county highway, shall be constructed and kept in repair by the 
county; provided , that the city council may appropriate a sum not 
exceeding ten dollars per lineal foot to aid in the construction of any 
county bridge within the limits of siich city, or may appropriate a like 
sum to aid in the construction of any bridge contiguous to said city 
on a highway leading to the same, or any bridge across any unnaviga- 
ble river which divides the county in which said city is located from 
another state.f 

The board of supervisors is invested with power to erect and repair 
necessary bridges, and may levy a tax therefor not exceeding three 
mills on the dollar they also have power to aid in the construction 
of free bridges for public highways, either within or without incorpo¬ 
rated cities and towns; and section ten hundred and ninety-seven of 
the Revision of 1860, (Code of 1873, sec. 527), does not take away the 
right of counties to build bridges in incorporated cities and towns on 
public highways.l 

Counties are not liable for injuries caused by defective bridges within 
the corporate limits of cities of the second class; § but for the non-re¬ 
pair of county bridges they are liable for injuries therefrom \a but the 
liability of counties for injuries caused by a failure to construct bridges 
or keep them in repair, extends to the larger class of bridges which 


*48 Iowa, 193. 

tCode of 1873, sec. 527; Laws of 1874, Chapter 5. 

$19 Iowa, 87; 21 Iowa, 119. 

|| 21 Iowa, 144. 

§21 Iowa, 409. 

a 26 Iowa, 395, 264; 13 Iowa, 181; 32 Iowa, 328; 40 Iowa, 218. 



36 


require an extraordinary expenditure of money and are properly desig¬ 
nated as county bridges.* 

The fact that a part of the cost of building a county bridge was 
paid by voluntary contributions, and the money expended under the 
direction of others than agents of the county, will not take away the 
liability to keep said bridge in repair.f 

Whether the approaches to a bridge constitute a part of the bridge 
proper or not, is a question of fact to be determined by the jury.J 

Wherever a county line road intersects a stream of sufficient width 
to require a county bridge, and the point of intersection does not 
afford a suitable site for the construction of such bridge, and there is 
a good site for the erection of a bridge wholly within one or the other 
of said counties, at a reasonable distance from the county line, the 
boards of supervisors of the respective counties to be benefitted by 
said bridge may make the necessary appropriations for the construc¬ 
tion and maintenance of such bridge, the same as they might do if 
said bridge was located on county line. |[ 

XVII. TOLL BRIDGES. 

The board of supervisors have power to grant licenses for toll bridges 
across any water course or other obstacles which justify the establish¬ 
ment of the same; which license may continue for a period not 
exceeding fifty years, and may stipulate that no other bridge shall be 
permitted to cross the same obstruction within not exceeding two 
miles from such bridge. 

They shall have power to fix the rates of toll, and to regulate said 
bridges so as to allow persons to pass at any time. 

In granting licenses, preference must be given to the keeper of the 
previous bridge at the same point, or if it be a new bridge, preference 
shall be given to the owner of the land. 

The licenses must be entered upon the records of the board of 
supervisors, and shall contain the rates of toll allowed, and the rates 
must be conspicuously posted up at the extremity of the bridge, or 
some other conspicuous place near by; and a failure to do so will 
justify any person in refusing to pay the toll, and if habitually, the 
proprietor shall be liable to pay twenty-five dollars. 


* 26 Iowa, 264 ; 40 Iowa, 295, 394. 
140 Iowa, 399. 


$ 40 Iowa, 398. 

|| Laws of 1878, Chapter 40. 



37 


The proprietor may establish rules for the regulation of teams so 
passing over said bridge; and any person who refuses to pay the regu¬ 
lar tolls established and posted up in accordance with the provisions 
of this chapter, or who shall run through or pass around the toll 
gates with a view of avoiding the payment of just tolls and dues, when 
the rates have been posted up as required by law, shall forfeit five 
dollars, together with costs of suit, for every such offense.* 

The provisions relating to ferries are alike applicable to toll bridges, 
unless otherwise specified, f 

XVIII. FERRIES. 

The board of supervisors have power to grant licenses for ferries 
across any water course or other obstruction which justifies the same, 
which may continue for a period not exceeding ten years, and may 
stipulate that no other ferry shall he kept within one mile in either 
direction from said ferry, except it is made to appear to the board that 
the public good requires both ferries, after giving the holder of such 
license twenty days’ notice. 

They may prescribe rates of ferriage and the hours of the day and 
night during which such ferry must be attended, both of which may 
be changed by the board at their discretion. 

Preference must be given to the owner of a previous ferry, or if a 
new one, the owner of the land at the point where the ferry is to be 
kept, if the board think either of such to he the proper person, 
otherwise any other proper person may have such privilege. 

When the opposite shores of a stream are in different counties, 
either county may grant such license, and the county first exercising 
the jurisdiction retains the same during the term of such license. 
When but one side of the river is in this state, the boards have control 
over the shore in this state the samC as if the river was wholly in this 
state. 

Every ferryman shall be required to give bond in a penalty not less 
than one hundred dollars, for the faithful performance of his duties 
according to law and the rules prescribed; he must transport the 
public expresses of the United States and of this state, and the United 
States mail at any hour of the day or night. 


* Code of 1873, Title VII., Chapter 3. 
t See Title Ferries, next page, 



The law relating to toll bridges is alike applicable to ferries, unless 
the same is otherwise provided.* 

Such franchises are subject to execution, together with all material, 
implements, rights of way and works of whatever kind ordinarily 
used in their exercise, and the purchaser may take immediate posses¬ 
sion. 

Nothing contained in this chapter shall prevent the establishment 
of a free ferry by any person or corporation, nor from mill owners 
from crossing themselves or customers free of charge.f 

A public ferryman is a common carrier, and subject to the same 
duties and responsibilities, J which makes them liable under all cir¬ 
cumstances, subject only to the contingencies arising from the act of 
God or public enemies. || He is bound to keep his boat in running 
order and proper condition, and is liable (without a reasonable cause) 
for damages resulting from his failure thereof, which may be both to 
a city for the violation of an ordinance, and to the individual sustain¬ 
ing such damages.§ 

A ferry license is not vacated by the death of the party to whom 
the license was issued, but passes to his representatives. 

An appeal does not lie from the action of the board of supervisors 
in refusing to grant a ferry license, but the vacation of a license by 
the board of supervisors is a decision from which an appeal will lie.a 

XIX. OBSTRUCTING, DEFACING, OR INJURING PUBLIC 
HIGHWAY, PUNISHED. 

If any person, without authority or permission from the proper 
road supervisor, shall in any manner obstruct, deface, or injure any 
public road or highway by breaking up, or plowing, or digging within 
the boundary lines thereof, he shall, upon conviction, be punished by 
a fine of not less than five dollars nor more than twenty-five dollars, 
or by imprisonment in the county jail not more than thirty days, at 
the discretion of the court, b 


*See title Toll Bridges. 
tCode of 1873, Chapter 3, title 7. 

$23 Iowa, 90. 

|| Greenleaf on Evidence, vol. 1, §218; 18 Iowa, 555. 
§22 Iowa, 90; 27 Iowa, 460. 
a 25 Iowa, 445. 

b Chapter 17, Laws of 15th General Assembly. 





INDEX. 


J n'. ,i e he;ld “Highways” and “Highway Supervisors,” will he found a 

complete fndes to the laws relemng fo the establishment and working of highways, including 
nronel henTfl .Slh i»°i’ Powers and duties of Supervisors, all arranged in detail under 
propei heads and sub-heads, rendering it easy to reier to any given subject connected therewith.) 


ACTIONS— 


against persons failing - to work highway. 

to recover poll tax to be brought in name of the supervisor. 


AID- 


ALTERATION- 


APPEALS— 


APPEAL BOND— 

to be approved by the auditor. 

APPRAISERS— 

appointed to assess damages ir 

ASSESSMENT OF DAMAGES— 


BOND— 


in appeals, to be approved by auditor. 

BRIDGES— 

board of supervisors to provide for the erection of. 
question of building, voted on. 


Ssc. 

Page 


22 

.... 992 

29 

...488 

32 

920-1-2 

5 

... 959 

12 


13 


12 


12 

... 940 

10 


7 


19 


5 


12 

...303 

34 


34 


34 


34 


U11CIU tuc DUUilU interests > A t-, , 

do not require it.) Reports. 

built in part by individual contributions must be kept in ') „ r , p 

repair by the county. \ 

on county hne road, may be built in adjoining county, i T , . Q7Q 
and the counties benefitted may jointly make ap- -] Ll ^ sot 1®'°’ 
propriation for construction and repair of same.. ( L ' na P- 4U- ; 

penalty for fast driving over.1002 

council have charg - e of, in cities. 527 

city make appropriations for. 527 

levy tax for. 488 

liable for defects in. S. Q. R. 

county liable for defects in. “ 


35 

36 

36 

35 

35 

35 

32 

35 

35 





























40 


BRIDGES— Continued. 

license for toll. 

for, not to exceed fifty years... 

rates of toll on. 

land owner has preference. 

license of toll, put on record. 

rates must be posted up. 

avoiding payment of toll, penalty for, 

county, what considered. 

hoard of supervisors levy tax for. 

build, in cities... 
provisions relating to ferries same as.. 
unsafe condition of, who liable for... 

obstructing, a crime. 

supervisors keep in repair. 

county repair. 


Code, chapter 3, Title VII. 
“ 3 , 

“ “ 3, 

a u O u 


3, 

3, 


303 


.S. C. R. 


... 990 
....3979 
... 990 
S. C. R„ 


CANADA THISTLES— 

to be destroyed by supervisor. 995 

CATTLE-WAYS— 

across highways.16th G. A., Ill 

expense of maintaining. “ “ 

CEMETERIES— 

highways not to be established across... 925 

COMMISSIONER— 

to establish highways. 924 

duties of.925-6 

must be sworn. 930 

may swear assistants. 930 

not confined to matter in petition.931-2 

if he deems it expedient will lay out highway.928-9 

must set up mile posts.931 

must use conspicuous objects as marks. 932 

make plat and field notes. 933 

file report with auditor. 934 

if fails, another appointed. ; . ; . 935 

if he extends highway beyond terminus, void.S. C. R. 


COMMISSIONERS— 

to assess damages on highways, appointed.940-2-3 

notice of appointment given. 942 

not. present, others appointed. 943 

must be sworn. 943 

report of. 940 


CONSENT HIGHWAYS— 

how established.. 

CUTTING TREES— 

restrained along highways. 

DAMAGES— 

in establishment of highways. 

claims for, when filed. 

counties and cities liable in, for defective bridges. 

DELINQUENT HIGHWAY TAXES— 

clerk shall certify to auditor. 

penalty for failure to so certify. 


957 


j 989 
{ S. C. R. 


936 

937 


1 975 
l 988 
. 975 


Page 

36 

36 

36 

36 

36 

36 

37 

34 

35 
35 
37 
28 

31 
28 

32 


30 


15 

15 


6 


6 

6 

6 

6 

6-7 

6 

6 

7 

7 

7 

7 

7 


10 

10 

10 

10 

10 


12 


27 

28 


7 

10 

35 


18 

27 

18 












































41 


ELECTIONS— 

Skc. 

questions of appropriation for bridges submitted at. 303 

to aid highway leading to cities. 488 

EXEMPT— 

firemen are, from highway poll tax.1560 

FENCE— 

on highway removed. 999 

is obstruction.g. Q. R 

supervisors compelled to remove.'.. 993 

give time to remove. 993 

notice to remove. 993 

FRANCHISES— 

of ferries subject to execution. .1027 

who grant... 

descend to heirs.g. C. R. 

FIREMEN— 

are exempt from highway poll tax.1560 

GENERAL TOWNSHIP FUND— 

set apart. 1 .. 970 

paid in money. 969 

purchase tools, machinery, &c., with. 970 

paid to township clerk. 981 

the trustees shall order the expenditure of. 971 

GUIDE BOARDS— 

tax levied for. 969 

fund set apart for.' 970 

supervisors put up. 994 

trustees settle for. 996 


HEDGES— 

may be planted along highway. 999 

HIGHWAYS— 

the words “highway” and “road” include public bridges. 45 


ESTABLISHMENT OF. 


board of supervisors has power to establish. 

must be sixty-six feet wide, unless otherwise directed 

if over sixty-six feet, irregular but not void. 

board may fix width forty feet, but not less. 

increase or diminish, alter or discontinue, 
petition for establishment, vacation or alteration of.. 

bond for expenses required., 

commissioner appointed.. 

auditor fix time to commence the examination. 

commissioner and assistants must be sworn. 

duty of commissioner in examining route. 

if not in favor, he must so report. 

if in favor, he must proceed to survey, &c. 

instructions for laying out highway. 


.920 

. 921 

...S. C. R. 

. 921 

. 921 

. 922 

.923 

. 924 

. 935 

. 930 

.925-6 

. 927 

.928-9 

( 931 
. } 932 


plat and field notes must be filed. 933 

report must be filed within thirty days. 934 

if commissioner fails to commence, or to report, as required, auditor { 

auditor must appoint.day for action on same. 934 


Page 

34 

32 


30 

30 

29 

29 

29 


38 

37 

38 


23 


16 

16 

16 

20 

16 


15 

16 

29 

30 


30 


5 


5 

5 

6 
5 
5 
5 

5 

6 
7 
6 
6 
6 
6 
7 
7 
7 
6 

7 

7 










































42 


HIGH W AYS— Continued. 


OBJECTIONS AND CLAIMS POE, DAMAGES. 

Skc. 

claims for damages, or objections, must be filed on or before day i g_r^ 

set for action.$ 

they must be in writing. 941 

notice to be published and served on owners or occupiers of land. . 936 

how served and returned.2601-2-3-4 

if notice is not legally served and published, another day to be / g._>g 

fixed, and notice served...j 

if objections or claims for damages are filed, the whole matter to i_ ggg 

be referred to board of supervisors. \ 

commissioners appointed to assess damages.940-2-3 

report filed in thirty days. 940 

if report is not filed in time, the auditor may postpone. 944 

FINAL ACTION BY AUDITOR. 


if' no objections or claims for damages are filed, the auditor shall { g.,~ 

establish highway.f 

costs to be paid by applicants. 937 

if costs not paid in ten days, the auditor shall report his action to j 
boaxd of supervisors and they may establish such highway at > 937 
expense of the county.) 


FINAL ACTION BY BOARD OF SUPERVISORS. 


board may hear testimony and receive petitions for and against [ g^g 

board may establish, or refuse to do so. 946 

increase or diminish damages. 946 

make establishment, &c., conditional. 946 

if conditions are not complied with, the board shall make uncon- / ^ 

ditional order at next session.j 

if no damages are awarded, the costs are to be paid by the applicant 945 

RECORD. 

all orders and actions to be entered in highway record.948 

plat and field notes must be recorded. 949 

SUBSEQUENT PROCEEDINGS. 


auditor must certify to township clerk. 949 

township clerk must certify to highway supervisor, and direct him [ g .g 
to have the highway opened and worked.j 

MISCELLANEOUS PROVISIONS. 

reasonable time must be allowed owners of land to erect fences ) grn 

opening delayed until crops are harvested. 950 

rights of minors, &c., under control of guardians. 951 

streets in unincorporated towns are part of the highway. 952 

such streets to be worked same as other highways. 952 

highways in cities to conform to direction and grade of other streets 953 
highways not to be opened across lands of state institutions, [ g r , 

without consent of the legislature.j 

no distinction between state and county roads. 956 

HIGHWAYS ACROSS OR ALONG COUNTY LINES 

may be established, vacated or altered by the concurrent action of { g~- 

the respective boards of supervisors......f y 

such highways can only be discontinued by similar concurrent ) QC - R 
action... \ 

HIGHWAYS ESTABLISHED BY CONSENT. 

written consent of owners of land to be filed in Auditor’s office ... 957 
board of supervisors may order the same to be established, if satis- { 0 ~ 7 

fied of its necessity.j 

if survey is necessary, the board may require the expenses to be / g-o 
paid by applicants. \ 0 


Page 

7 

10 

7 

8-9 

10 

10 

10 

10 

10 

10 

10 

10 

10 

10 

10 

10 

11 

10 

11 

11 

11 

11 


11 

11 

11 

11 

11 

11 

11 

11 

11 

11 

12 

12 

12 

































43 


HIGHW AYS— Continued. 


HIGHWAYS ESTABLISHED BY DEDICATION 
AND PRESCRIPTION. 

may be in writing, parol, or otherwise.(S. C. 

ten years’ use, with knowledge of owner, makes dedication ) , Q ,, 

perfect.-. 7.y L. 

local or timber road requires stronger evidence... .(S. C. 

if apparent consent ot owner is based on a mistake, no high- ) r , 

way is gained..y L. 

if highway is illegal, owner can resume possession.(S. C. 

RE-SURVEYS. 

if field notes are lost, or if survey or record is defective, or if nu- ) 
merous alterations of a highway render its location indefinite, > 

the board may order a re-survey.) 

copy of new field notes and plat filed in auditor’s office. 

auditor to fix time for the re-survey to be acted upon by the ) 

board, and give notice of the same.i 

board has power to hear objections, and determine upon the matter 

board may order a change... 

on final action, they shall approve and cause field notes and plat 

to be recorded. 

persons injured by, may have hearing. 


Sec. 

R.) 

R.) 

R.) 

li.) 

R.) 


964 


965 

■965 

965 

965 

965 

966 


APPEALS FROM ACTION OF THE BOARD, 

In allowing or rejecting claims for damages. 

applicant may appeal to circuit court. 959 

notice must be served on county auditor within 20 days. 959 

if damages are awarded against petitioners, the notice is to be / QC - Q 

served on the first four.j yby 

petitioner may appeal as to amount of damages awarded against / 

him.y yby 

notice to be served on auditor and applicant for damages within I 

20 days.[ yby 

bond for costs to be filed. 960 

transcript to be filed by auditor in office of clerk circuit court in ) , 

10 days... [961 

trial to be same as ordinary proceedings. 962 

no judgment to be entered. 962 

amount awarded to be certified to the board. 962 

board then proceeds as if allowed by them. 962 

costs, by whom to be paid. 963 

HIGHWAY PLAT BOOK— 

all legal highways required to be platted in the highway plat book ) Q , 7 
by the county auditor.j" yb ‘ 

HIGHWAY TAX— 

county treasurer required to pay highway funds to township clerk ) Q7fi 

the last Monday in March and September each year.j K1 b 

all tax collected in each district (except general fund) to be ex- l (jC ,n 

pended for highway purposes in such district.j’ 

may be levied to pay previous indebtedness. 969 

must not exceed five mills . 969 


HIGHWAY SUPERVISORS- 


ELECTION. 


can only be voted for by electors of the district in ) , r , . 

which they reside. ..f cha P- 71 > 17th G - A - 

separate ballots to be used at election.chap. 71, 17th G. A. 

supervisor must reside in the district. 977 


Page 

14 

15 
14 

14 

15 


13 

13 

13 

13 

13 

13 

13 


12 

12 

12 

12 

12 

12 

12 

13 

13 

IB 

13 

13 


13 


18 

21 

16 

16 


18 

18 

19 






























44 


HIGHWAY SUPERVISORS— Continued. 

QUALIFICATION. 

Sec. Page 

township clerk to notify supervisor of his election within 5 days ... 979 20 

form of notice and manner of service .. 20 

penalty for failing to appear and qualify. 979 20 

not required to serve, if exempt from laboring on the high •way -... 977 19 

bond required, and its conditions. 978 19 

penalty in bond. 20 

VACANCY-APPOINTMENT. 

township clerk fills vacancy by appointment. 978 19 

GENERAL DUTIES. 

keep highways in as good repair as funds will permit. 994 29 

put up guide boards at all cross roads, &c. 994 29 

destroy Canada Thistles on vacant or non-resident lands or lots.... 995 30 

repair cattle-ways, if owner of land fails to do so.chap. Ill, 16th G. A. 15 

charge and collect cost from owner of the land. . .chap. Ill, 16th G. A. 15 

may have custody and use of the tools, &c., of the township, when j g^g jg 

determined by the clerk.f ' 

shall be furnished with map of highways in his district.972 16 

RESTRICTIONS AND PENALTIES. 

cutting down shade or ornamental trees in front of lots, enclosures ) ggg 27 

or fields, which do not obstruct highway, not permitted.j 3 

entering on premises to take timber, without pel-mission from the \ ggg 27 

owner, unlawful.( 

penalty for neglect of duties. 998 30 

liable for damages caused by unsafe bridge. 990 28 

Duties in Detail. 

TAX LIST. 

receive tax list from township clerk, and give receipt therefor. ... 974 17 

names omitted, to be inserted by supervisor. 21 

post up three notices (copies of tax list) in ten days. 980 20 

DISPOSITION OF MONEY TAX COLLECTED. 

cause all tax collected (except general fund) to be expended for \ ggj go 

the purposes specified in section 969.j 

general fund to be paid to township clerk. 981 20 

WORKING HIGHWAYS. 

amount allowed for a day’s labor to be fixed by the trustees. 969 16 

eight hours constitutes a day’s labor... 984 21 

two days’ labor required of all able-bodied male residents, between / ggg 

the ages of 21 and 45 .......( 

(in incorporated towns the limit of age is 21 to 50). 487 22 

three days’ notice to be given each. 984 21 

certificate to be given each person for such two days’ labor. 984 21 

receipt to be given each person for labor performed in payment ) qC w 

of highway tax.'..j L 

active members of fire company are exempt from poll tax,.1560 23 

persons not able-bodied, not liable to penalty for failure.S. C. R. 23 

supervisor required to perform same amount of labor as other (ggg 23 

able-bodied men...( 

required to work streets in unincorporated towns. 952 11 

OPENING NEW HIGHWAYS. 

clerk directs supervisor to open and work. 949 11 

owners of land to have time to build fences. 950 11 

owners of land to have tune to harvest crops. 950 11 
































45 


HIGHWAY SUPERVISORS— Continued. 


REPAIRING UNSAFE BRIDGE OR HIGHWAY. 

Sec. 

supervisor required to repair unsafe bridges, &c. 990 

if a county bridge, he must obstruct passage, and notify a mem- ( Q0A 

ber of the board of supervisors.( y 40 

penalty for failure to do so.' 990 

may call out all able-bodied men in the district.991 

penalty for failure to respond to such call. 991 

REMOVING OBSTRUCTIONS. 

fences, &c., obstructing highway, to be removed under certain re- ) 993 
strictions.999 

KEEPING ACCOUNTS. 

supervisor should keep account of all moneys collected and ex- ) 

pended. ^ 

should keep account of all labor performed. 


SUEING DELINQUENTS, &c. 

supervisor shall sue delinquents for poll tax in certain cases. 985 

no property or wages exempt on execution in such cases. 985 

delinquencies in cities become liens on assessed property of de- } AQn 
linquents. c 487 


SUPERVISORS’ PAY. 


allowance for each day’s labor.9gg 

account of time should be kept and reported . 1 

balance due, how paid.997 


REPORTS AND SETTLEMENTS. 


semi-annual report required first Monday in April. 987 

form of report (No. 16). 

annual report and full settlement required first Monday in October, 996 
form of report (No. 16)... ’ 

balance due supervisor, how paid. 3 986 

F (997 

LEVY— 

of highway tax, when to be made and limit of. 969 

clerk make list of. 974 

LIABILITY— 


for failure to work poll tax.. 

for failure to labor on highway. 

for obstructing highway. 

of highway supervisors. 

for fast driving over bridges. 

for avoiding payment of toll. 

of ferrymen.. 

of persons meeting on highways, and failing to turn to right. 


.. 985 
.. 992 
..3979 
j 990 
( 998 
•.1002 
..1025 

i 

..1000 


LOST FIELD NOTES—(See Highways—Re-Surveys.) 


MAP— 

township Clerk furnished with. 968 

highway Supervisor furnished with. 972 

gives no additional authority.S. C. R. 

MEETING— 

on highways, persons turn to right.1000 

of trustees, to levy highway tax. 969 

of trustees, to settle with supervisors .. 969 


PiSE 

28 

28 

28 

29. 

29 


29 

30 


26 

27 


22 

25 

23 


23 

23 

30 


24 

25 
30 
25 
23 

30 

15 

17 

22 

29 

31 
28 

30 
35 
37 

37 

38 
33 


14 

16 

17 


33 

15 

16 




































46 


MISDEMEANOR— 

obstructing highway. 

NOTICE— 

of election of highway supervisor. 

to perform labor on highway.. 

of unsafe condition of bridge or highway 

such notice must he in writing. 

to remove obstructions. 

to vote aid to highways. 

NOTICES— 

by whom and how served and returned .. 

proof of publication of ... 

to work highway, how given. 

OBSTRUCTION TO HIGHWAY— 

defined . 

punished.. 

OFFENSE— 

obstructing highway. 


Sec. 

3979 


.... 979 
.... 984 
.... 990 
S. 0. R. 
.... 993 
.... 488 


2601-2-3 


.S. C. R. 

chap. 17, 15th G. A., 


3979 


PENALTY— 

for failure to work poll tax..985 

failure to labor on highway. 992 

obstructing highway.3979 

obstructing highway.chap. 17, 15th G. A. 

avoiding payment of toll. 1025 

failure to work on defective roads and bridges.992 

fast driving over bridges.1002 

failing to give half of road.1000 

fallin g to keep cattle-way in repair.chap. Ill, 16th G. A. 

failure of clerk to certify delinquent tax to county auditor.975 

removing obstruction placed by supervisor on unsafe bridge.990 


POLL TAX— 

list of persons required to pay. 973 

paid in labor or money .. 

persons failing to pay, liable. 985 

RAILROADS— 

are subject to assessment for road tax. 973 


ROAD- 

(see Highways.) 

SPECIAL ELECTIONS— 

to construct highways leading into towns.488 

TOOLS AND MACHINERY— 

are property of the township. .S. C. R. 

TOWNSHIP CLERK— 

shall transmit delinquent tax list to auditor.975 

may become liable for taking irresponsible bonds. 

WAGES— 

rate of, for laboring on highway, to be fixed by trustees.969 


31 


20 

21 

28 


29 

32 


8-9 

9 

21 


29 

38 


31 


22 

29 

31 

38 

37 

29 

35 

33 

15 

18 

28 


17 

22 

22 


17 


32 

16 

18 

19 

16 



































INDEX TO FORMS. 


5. Acceptance of service of notice.•_ 9 

20. Account between highway supervisor and the district.27 

6 . Affidavit to return of service. . 9 

13. Certificate of labor performed. 22 

15. Certificate to supervisor for labor performed.24 

11. Clerk’s receipt to supervisor for township funds. 21 


18. Highway supervisor’s cash account.. 26 

17. List of paid and unpaid highway taxes.25 

10. Notice of election or appointment of highway supervisor.20 

12. Notice to perform labor on the highway.21 

2 . Notice to property owners along proposed highway. 7 

22 . Notice to remove fences obstructing the highway.29 

21 . Notice to supervisor of the unsafe condition of highway.28 

19. Oath to highway supervisor’s report. 26 

1. Petition to establish, alter or vacate a highway. 5 

14. Receipt for labor perfomed.22 • 

16. Report of highway supervisor.25 

3. Return to notice (personal service) . 8 

4. Return to notice (served by copy). 8 

9. Supervisor’s bond and oath. 19 

8 . Supervisor’s receipt for tax list. 18 

7. Warrant of township clerk to collect taxes.18 
























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